Consumer Protection Antitrust & Trade Regulation Privacy

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FTC Settles with Retail Tracking Company that Made Privacy Policy Promises It Couldn’t Keep

Last week, the Federal Trade Commission announced its first settlement with a retail tracking company, resolving allegations that Nomi Technologies, Inc., a micro-location platform that provides analytics services to...more

Corporate E-Note - April 2015

In This Issue: - State Regulatory Boards Are Open to Antitrust Liability, Says the Supreme Court - USPTO Issues Patent Eligibility Guidelines…So Now What? - Bond Financing: The Best-Kept Secret For...more

TurboTax’s software maker Intuit on the hot seat for lax security measures to prevent tax fraud

Intuit, Inc., the maker of the software used by TurboTax customers to file electronic tax returns stopped its e-filing return program in February after receiving notices from multiple states that thousands of fraudulent tax...more

LabMD Litigation Updates

We have been following this case closely. On April 16, the administrative law judge in the FTC v. LabMD case denied LabMD’s request to exclude the FTC from introducing new evidence into the proceeding regarding how Tiversa...more

FTC Settles With Debt Brokers For Leaking Sensitive Consumer Information

On April 13, the FTC announced that two debt brokers agreed to settle two separate cases filed last year involving the leaking of over 55,000 consumers’ personal information. The brokers allegedly shared consumers’ personal...more

Data Security and Breach Notification Act of 2015 Advances Despite Strong Criticism

On April 17, advocates in support of a federal data security and breach notification law achieved a victory when the House Energy and Commerce Committee passed a bill supporting national legislation. The proposed Data...more

FTC Releases 2014 Annual Highlights Report

On April 15, the FTC released its 2014 Annual Highlights Report (Report), summarizing the FTC’s work during the prior year to protect consumers and promote competition in industries such as mobile technology, healthcare, and...more

Federal Regulators Expand Authority Over Data Security Issues: Recent Actions by FCC and FTC Underscore the Importance of...

Highly regulated industries such as banking and healthcare have been at the forefront with robust data security regulations for a number of years. Regulators are now focusing on other industries as data breach incidents...more

Beyond HIPAA: Connected Health Care and the Internet of Things

The U.S. Federal Trade Commission (FTC) Staff Report titled "Internet of Things: Privacy & Security in a Connected World," released in January 2015, continues to generate interest and questions about the regulation of health...more

UPDATE: FTC Plans Review of YouTube Kids App

As we predicted in our post late last month, Google’s YouTube Kids app has attracted more than just the “curious little minds” Google was hoping for. Yesterday, a group of privacy and children’s rights advocates (including...more

FTC Creates New Office To Investigate Consumer Technologies

On March 23, the FTC announced – via blog post – the formation of the Office of Technology Research and Investigation (OTRI), a newly formed research office within its Bureau of Consumer Protection....more

Privacy Bills Abound in Congress

Why it matters - From the President to Senators to Representatives, everyone in Washington, D.C. appears to be focused on privacy-related issues. Continuing his focus on cybersecurity, President Barack Obama signed an...more

Advertising Law - April 2015

Pink Cadillac Not Included: Mary Kay Sues Over “Fraudulent Couponing Scheme” - According to a new federal court complaint filed by Mary Kay, Inc., online deal site RetailMeNot has tricked consumers with a “fraudulent...more

Privacy & Cybersecurity Update - March 2015

In This Issue: - Dismissal in P.F. Chang’s Data Breach Case Shows Challenge Plaintiffs Face in Such Actions - Eleventh Circuit Court of Appeals Decision Underscores the Need to Evaluate Insurance Programs for Cyber...more

FTC Announces Office of Technology Research and Investigation

This week the FTC Bureau of Consumer Protection announced a new office to bolster the technological expertise of the Bureau and the FTC regional offices handling law enforcement investigations. ...more

FTC Advises That Mergers Don’t Eliminate Privacy Promises of Acquired Companies

The FTC recently posted comments on its business blog about the responsibility of companies to comply with privacy representations made to prior customers on how the companies will collect, use or disclose personal...more

FTC Reminds Schools When They Can Consent to Certain Online Activities By Students Under COPPA

Last week the Federal Trade Commission announced on its blog that it has updated its frequently asked questions (FAQs) about the interplay between schools and the Children’s Online Privacy Protection Act (COPPA). Although...more

Advertising Law - March 2015 #5

Paying for Consumer Reviews Gets Company FTC Action - Accused of failing to disclose that it gave cash discounts to customers to post online reviews, AmeriFreight and owner Marius Lehmann agreed to a settlement with...more

Cross-Device Tracking: The New World

Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more

Data privacy, security and breach notification bill passes through House subcommittee

A closely watched bipartisan national data privacy, security, and breach notification bill cleared a House subcommittee yesterday, sending it to the full House Energy and Commerce Committee for review. There have been many...more

FTC Creates New Office Focused on Privacy and Data Security

Earlier this week the Federal Trade Commission (“FTC”) announced the formation of the Office of Technology Research and Investigation within its Bureau of Consumer Protection. The office will succeed the Mobile Technology...more

Target Settles Consumer Data Breach Class Action for $10 Million

On Thursday, just three months after a district court judge in Minnesota denied Target’s motion to dismiss the consumer class action following the retailer’s massive 2013 data breach, the court granted preliminary approval of...more

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

Health Update - March 2015

Supporting Informed Decision Making in the Health Insurance Marketplace: A Progress Report - Editor’s note: As Affordable Care Act (ACA) implementation moves forward and the marketplace continues to evolve, there is a...more

Privacy Tuesday – March 2015: COPPA Refresh

On Friday, the FTC published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and...more

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